State v. House

OPINION

HOWARD, Presiding Judge.

Pursuant to a plea agreement, appellee pled guilty to molestation of a child, a class 2 felony. At the sentencing hearing on June 20, 1990, it appeared that the trial court did not have before it a psychologist’s report referred to in the presentence report. Defense counsel suggested that sentencing should be continued but the court nevertheless went on with the hearing and sentenced appellee to a presumptive term of 17 years’ imprisonment. Appellee filed a motion to modify the sentence under Rule 24.3, Ariz.R.Crim.P., 17 A.R.S., based on the fact that the trial…